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Divided Senate Confirms Alito Nomination; Roberts Conducts Private Swearing In Ceremony

Tuesday January 31, 2006
Updated Tuesday, 2.10 am Eastern
The Senate confirmed the nomination of Samuel Alito to the Supreme Court today by a vote of 58-42; only four Democrats voted for the confirmation and only one Republican voted against, making this the secondmost polarizing vote in modern history.

Modern votes are not as divisive as those in the 19th century: Clarence Thomas (1991, 52-48), Lucius Lamar (1887, 32-28), Nathan Clifford (1857, 26-23), Reuben Walworth (1844, 27-20), Roger Taney (1835, 24-21), John Crittenden (1828, 23-17).

Shortly after the confirmation, Chief Justice Roberts swore him in, marking the official retirement of Justice Sandra Day O'Connor, the first woman appointed to the court and a key vote in split (5-4) decisions.

According to the Chicago Times: "Alito received the smallest level of support in modern history from senators in a president's opposing party. Last year, Roberts received 22 Democrats votes and in 1991, Justice Clarence Thomas received 11 Democratic votes."

Those voting contrary to the party line: Sen. Byrd (D-WVA-Yes), Sen. Chafee (R-RI-No), Sen. Conrad (D-ND-Yes), Sen. Johnson (D-SD-Yes) and Sen. Nelson (D-NE-Yes). Sen. Jeffords (I-VT) also voted against confirmation.

For more, see Robert Longley, About Guide to US Government Information.

Senate Ends Debate on Alito Nomination
AP reports that the Senate voted 72-25 to end debate on the nomination of Samuel Alito to the Supreme Court. Full vote is scheduled for Tuesday morning; 57 Senators are on record in support.

Senators voting for filibuster ("no" on vote to end debate): Bayh (D-IN), Biden (D-DE), Boxer (D-CA), Clinton (D-NY), Dayton (D-MN), Dodd (D-CT), Durbin (D-IL), Feingold (D-WI), Feinstein (D-CA), Jeffords (I-VT), Kennedy (D-CT), Kerry (D-CT), Lautenberg (D-NJ), Leahy (D-VT), Levin (D-MI), Menendez (D-NJ), Mikulski (D-MD), Murray (D-WA), Obama (D-IL), Reed (D-RI), Reid (D-NV), Sarbanes (D-MD), Schumer (D-NY), Stabenow (D-MI), Wyden (D-OR) Did not vote: Ensign (R-NV), Hagel (R-NE), Harkin (D-IA).

Prior coverage: Senate Democrats to Filibuster Alito Nomination? , Judiciary Committee Moves Alito Nomination on Party-Line Vote, Alito Record Overwhelmingly Conservative; Tempers Flare on Day 3 of Hearings, Alito: No "Blank Check" for President

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